OR 87-376 Employee responding to an emergency act most effectivly to deal with the emergency CITY OF COPPELL, TEXAS
ORDINANCE NO. 87376
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS,
THAT PROVIDES THAT EVERY OFFICER, AGENT OR EMPLOYEE OF THE CITY,
WHILE RESPONDING TO EMERGENCY SITUATIONS, IS AUTHORIZED TO ACT IN
SUCH A MANNER AS TO MOST EFFECTIVELY DEAL WITH THE EMERGENCY;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND
DECLARINGAN EMERGENCY.
WHEREAS, the Texas Supreme Court in a case styled Ron Black vs.
Nueces Rural Fire Prevention District No. 2, et al, No. C-4154 before
the Supreme Court of Texas has ruled that in the absence of laws or
ordinances applicable to emergency actions, there is no exception as
provided by Article 6252-19 Section 14 (a) suspending the Texas Tort
Claims Act for officers, agents and employees responding to emergency
situations; and
WHEREAS, the Texas Supreme Court seems to be of the opinion that a
City must enact an ordinance to take advantage of this provision of the
Texas Tort Claims Act.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF COPPELL,
TEXAS:
Section 1. That the Code of Ordinances of the City of Coppell,
Texas, is hereby amended by adding thereto a new Section 1-8-2 which
shall read as follows:
"Section 1-8-2. Emergency Action.
Every officer, agent or employee of the City, while responding to
emergency situations is hereby auuthorized to act in such a manner
as to most effectively deal with the emergency. This provision
shall prevail over every other ordinance of the City and, to the
extent to which the City has the authority to so authorize, over
any other law establishing a standard of care in conflict with this
section. Neither the City nor the employee shall be liable for any
failure to use ordinary care in such emergency."
Section 2. If any section, article, paragraph, sentence, clause,
phrase or word in this Ordinance, or application thereof to any person
or circumstance, is held invalid or unconstitutional by a Court of
competent jurisdiction, such holding shall not affect the validity of
the remaining portions of the Ordinance, and the City Council hereby
declares it would have passed such remaining portions shall remain in
full force and effect.
Section 3. The fact that the present Ordinances and regulations of
the Cit~ of Coppell, Texas, are inadequate to properly safeguard the
health, safety, morals, and general welfare of the inhabitants of the
City of Coppell, Texas, creates an emergency for the immediate
preservation of the public business, property, health, safety and
general welfare of the public which requires that this Ordinance shall
become effective from and after the date of its passage and it
accordingly so ordained.
PASSED AND APPROVED on the 3/ day of
1987. ·
Mayor, City o~ Coppe]l, Texas
ATTEST:
[Seal]
APPROVED AS TO FORM:
ORDINANCE - EMERGENCY
MEMOII